| Introduction: Give a brief contextual introduction Body: Highlight the root causes of case pendency in courts and the impact of structural and infrastructural issues on this problem. Conclusion: Way forward |
India grapples with a massive backlog of cases in its courts. According to the India Justice Report, as of June 2020, on average, a case remained pending in the subordinate courts for three years and in high courts, at 2022 figures, for five years.
Root Causes of Case Pendency in Indian Judiciary
- Shortage of Judges: There is a significant shortfall in the number of judges at various levels of the judiciary. High court vacancies average 30%, sometimes reaching nearly 50%, while subordinate court vacancies average 22%. This shortage drastically reduces the judiciary’s capacity to handle cases efficiently.
- Sanctioned vs. Required Strength: The sanctioned strength of judges is itself inadequate. The 120th Law Commission report (1987) recommended 50 judges per 10 lakh population. However, India currently has only about 15 judges per 10 lakh population.
- Complex Legal Procedures: Lengthy and complicated legal procedures contribute significantly to delays. Judges spend considerable time on procedural formalities, which could be streamlined for efficiency.
- Adjournments and Delays: Frequent adjournments and procedural delays prolong the life of cases. Lawyers often exploit these delays to benefit their clients, further clogging the system.
- High Volume of Government Cases: Government-related litigation accounts for roughly 50% of the court load. Efforts to reduce this volume have not yielded significant results, partly due to the lack of comprehensive data and analysis on the effectiveness of these measures.
- New Laws and Litigation: New legislation often adds to the judicial burden without proper assessment of the additional load on the courts. There is rarely any pre-legislative scrutiny regarding the financial and time implications of new laws.
Impact of Structural and Infrastructural Issues
- Increasing Workload on Judges: The shortage of judges and staff creates a heavy workload, delaying hearings and judgments.
- Creating Procedural Bottlenecks: Outdated procedures and lack of technology slow down case movement through the system.
- Hindering Efficiency: Inefficient court infrastructure and case management systems make it difficult to track cases and expedite processes.
Conclusion
A multifaceted strategy is needed to address case pendency. It is imperative to modernize legal infrastructure, embrace technology, increase judicial financing, and streamline the appointment process. India’s legal system can resolve cases more quickly and effectively by addressing its structural and infrastructural flaws.
